Earlier this month, SCOTUS allowed Texas’ latest anti-choice law to stand. The law, known as SB8, bans abortion at six weeks—or, in many cases, merely two weeks after a pregnant person has missed their period, well before most people know they are pregnant. It also deputizes people within and outside of the state’s borders to sue any person or organization that knowingly, or possibly even unknowingly, assists someone in need of an abortion after that cutoff.
The law is already being put into motion. Earlier this month, two disbarred attorneys—one of whom is in federal prison for tax evasion—filed suit against Dr. Alan Braid, an abortion provider in Texas who made a point of publicly violating the law.
Blue Tent readers are likely already familiar with this law and with the massive online effort earlier this month to focus attention and money on Texas’ oft-overlooked abortion funds. This brief explains why these funds are so important and provides guidance to donors on how best to support them.
What's at Stake
Abortion funds play a critical role in a country where people face hurdles including cost, distance and legal restrictions, pressures made infinitely worse when states like Texas dramatically limit access to care. Pressure on abortion funds increases when patients seeking care must travel to clinics out of state, as is now the case for untold numbers of pregnant people in Texas.
And now, with SB8 and numerous other laws designed to undercut Roe, Texas abortion funds are under greater pressure than ever before. Any Texan seeking abortion care in the state must undergo a sonogram, listen to their provider recite a state-mandated script containing misinformation about abortion, and then wait 24 hours before they can get an abortion, all medically unnecessary steps. Teens face even greater obstacles: Doctors are required to inform the parents of patients age 17 and younger 48 hours before they can provide an abortion to a teen. Absent parental consent, the teen has to seek a judge’s permission to override the requirement, a process that can take weeks if not months.
Finally, on September 24, Texas’ governor got on stage to sign SB4, which prohibits providers both inside and outside of the state from prescribing self-managed abortion medication, and bans mailing abortion pills to patients seeking them.
Thanks to all of these regressive laws, Roe v. Wade is now effectively over for poor and middle-class people in Texas. Unless SBs 4 and 8 are overturned by the courts or the federal government or are otherwise rendered practically ineffective, extremists in other Republican-led states are eager to follow suit.
Last week, Inside Philanthropy summarized the contributions of both funders and the general public to Texas abortion funds. While that initial wave of “rage giving” was a welcome boost, much more support will be needed to sustain Texas abortion funds over time.
Options for Donors
Donors wanting to assist pregnant Texans in finding abortion care should support 10 Texas abortion funds through NeedAbortion.org, a grassroots collective of organizations providing individuals with the funding and/or practical support for abortions in Texas. Funds donated through this link are split between abortion funds including Lilith Fund for Reproductive Equity, Jane’s Due Process (which assists underage Texans), TX Equal Access Fund, the Bridge Collective, Clinic Access Support Network, the Afiya Center, West Fund, Frontera Fund, and Fund TX Choice.
In addition to supporting people in need of abortions, many of these same Texas funds are engaged in a coalition challenging decades of abortion restrictions in the state—in effect, allowing donors to have an impact on both policy and direct services to people in need.
While Blue Tent recommends that donors prioritize abortion funds in Texas, it’s important to note that many, if not the vast majority of the 50,000+ pregnant Texans who need abortion care annually are going to have to leave the state. Already, abortion providers in Oklahoma and other nearby states are under pressure. See Blue Tent's action brief on how donors can support abortion funds in these states.
Finally, as noted above, extremists in other Republican-led states are watching what happens in Texas as they decide whether to pass SB8-like legislation in their capital buildings. You can help abortion funds in such states get ahead of that curve by giving today to the National Network of Abortion Funds, which supports funds both in states with restrictions and states with fewer restrictions, where pregnant people often flee to get the care they need.